LEGAL NOTICE OF OPPORTUNITY TO OBJECT USDA FOREST SERVICE NEBRASKA NATIONAL FORESTS AND GRASSLANDS UNDESIRABLE PLANT MANAGEMENT PROJECT The USDA Forest Service has prepared a final environmental impact statement (FEIS) and draft record of decision (ROD) for the Undesirable Plant Management Project. The modified proposed action is to be implemented on the Nebraska National Forests and Grasslands (hereafter, Nebraska). This includes the Nebraska National Forest and Samuel R. McKelvie National Forest located in central and northwest Nebraska, Oglala National Grassland in northwest Nebraska, Buffalo Gap National Grassland in southwest South Dakota, and Fort Pierre National Grassland in central South Dakota. The modified proposed action would result in a comprehensive forest-wide undesirable plant management plan that would update existing Nebraska guidance to enhance management of noxious weeds, invasive plant species, non-native plants, and undesirable native plant species. The Responsible Official for this decision is Jack Isaacs, Nebraska National Forests and Grasslands’ Forest Supervisor. The Responsible Official is planning to implement the modified proposed action (preferred alternative), which proposes the following activities: Treating up to 50,000 acres annually across the Nebraska using a combination of biological, chemical (aerial and ground-based), mechanical, and prescribed fire treatments. Control methods would be employed alone or in combination to achieve the most effective treatment based on the extent, location, type, and character of an infestation and would be implemented using project design features developed to ensure ecosystem health and protection. Using adaptive and responsive management strategies. Using new, more species-specific, Environmental Protection Agency-registered herbicides. Increasing protection measures for ground and aerial applications of herbicides and prescribed fire through pre-implementation requirements and resource-specific design features. The FEIS and draft ROD for the Undesirable Plant Management Project are available upon request at the Nebraska National Forests and Grasslands Supervisor’s Office, 125 North Main Street, Chadron, Nebraska 69337. These documents are also available on the Nebraska National Forests and Grasslands project website: https://www.fs.usda.gov/project/nebraska/?project=62500. Additional information regarding this proposed action can be obtained from Kimberly Dolatta at 308-432-0300 or by e-mail at SM.FS.R2_NE_UPMEIS@usda.gov. The Undesirable Plant Management Project is an activity implementing a land management plan. This activity is subject to pre-decisional objection under subparts A and B of 36 CFR Part 218. Objections, including attachments, must be filed with the appropriate reviewing officer within 45 calendar days following publication of this notice in the Rapid City Journal, the newspaper of record. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection. Objectors should not rely upon dates or timeframe information provided by any other source. It is the objector’s responsibility to ensure timely filing of a written objection with the reviewing officer pursuant to 36 CFR 218.9. All eligible objections are available for public inspection. Objections will only be accepted from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunities for public comment in accordance with 36 CFR 218.5(a). Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed project unless the issue is based on new information arising after the designated comment opportunities. The objection must contain the minimum content requirements specified in 36 CFR 218.8(d) and incorporation of documents by reference is permitted only as provided in 36 CFR 218.8(b). Objections that do not adhere to these requirements make review of an objection difficult and are conditions under which the reviewing officer may set aside an objection pursuant to 36 CFR 218.10. All eligible objections are available for public inspection. Electronic objections are preferred and must be submitted to the Objection Reviewing Officer online at https://cara.fs2c.usda.gov/Public/CommentInput?project=62500, with “Undesirable Plant Management Project Objection” in the subject line. Electronic submissions must be submitted in a format that is readable with optical character recognition software (e.g., Word, PDF, Rich Text) and be searchable. An automated response should confirm your electronic objection has been received. Any person wishing to fax an objection, please contact Scarlett Vallaire, Administrative Review Coordinator via phone at 801-989-6605 or email at scarlett.vallaire@usda.gov. Written objections may be submitted via regular mail to: USDA Forest Service, Rocky Mountain Region, Attn: Reviewing Officer, C/O Director of Strategic Planning 2nd floor, 1617 Cole Blvd., Bldg. 17, Lakewood, CO, 80401. Objections sent by private carrier or hand delivery must be addressed to: Objection Reviewing Officer, USDA Forest Service Rocky Mountain Region, Attn: Reviewing Officer, C/O Director of Strategic Planning 2nd floor, 1617 Cole Blvd., Bldg. 17, Lakewood, CO 80401. Office hours are Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays, for hand delivery. Additional Information Contents of an Objection Incorporation of documents by reference in the objection is permitted only as provided for at 36 CFR 218.8(b). Minimum content requirements of an objection as identified in 36 CFR 218.8(d) include: Objector’s name and address with a telephone number if available; with signature or other verification of authorship supplied upon request. Identification of the lead objector when multiple names are listed, along with verification upon request. Name of project, name and title of the responsible official, national forest/ranger district where project is located. Sufficient narrative description of those aspects of the proposed project objected to, specific issues related to the project, how environmental law, regulation, or policy would be violated, and suggested remedies which would resolve the objection; and A statement demonstrating the connection between prior specific written comments on this project and the content of the objection unless the objection issue arose after the designated opportunities for comment. Filing an Objection Objections must be postmarked (if sent via postal mail), faxed, or submitted electronically via the project webpage at(https://cara.fs2c.usda.gov/Public/CommentInput?project=62500), 45 days following publication of this legal notice. It is the responsibility of objectors to ensure their objection is received in a timely manner (36 CFR 218.9). When multiple names are listed on an objection, identification of the lead objector as defined in§ 218.2. Verification of the identity of the lead objector must be provided upon request or the reviewing officer will designate a lead objector as provided in§ 218.5(d). Objection Sample Template Lead Objector: ______________________ Objections are limited to the scope of this particular project. A. Description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project: B. How the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy: C. Suggested remedies that would resolve the objection: D. Supporting reasons for the reviewing officer to consider: E. Unless the objection concerns an issue that arose after the designated opportunity(ies) for comment, provide a statement that demonstrates the connection between prior specific written comments on the particular proposed project and the content of this objection. The U.S. Department of Agriculture (USDA) is an equal opportunity provider and employer.
Kim Dolatta
